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(영문) 광주지방법원 2018.02.07 2017가단15657
사해행위취소
Text

1. With respect to the 1191 square meters of land B miscellaneous land in Jeonnam-gun, Jeonnam-do:

A. The Defendant was dated December 01, 2016 between Nonparty C and Nonparty C.

Reasons

1. Basic facts

A. The Plaintiff is the management institution that manages the fund established for the purpose of contributing to the balanced development of the economy in agricultural and fishing villages by providing the credit guarantee for farmers and fishermen, etc. who lack security capability under the Act on the Credit Guarantee for Farmers and Fishermen, Etc. and by providing the funds needed for the agriculture and fisheries business smoothly.

Nonparty C (hereinafter “the primary debtor”) is the principal debtor who requested the Plaintiff to provide credit guarantee for farmers and fishermen as defined in the Credit Guarantee Act for Farmers and Fishermen.

B. When the principal debtor received a loan from the non-party Yeongdeungpo-gu Agricultural Cooperative (hereinafter referred to as the “Loan Bank”) which was the management institution of the Agricultural and Fishery Credit Guarantee Fund for Farmers and Fishermen, and concluded a credit guarantee agreement with the Plaintiff at the time of receiving the loan, and if the Plaintiff paid the loan by subrogation due to the Plaintiff’s failure to pay the loan, the principal debtor shall pay the loan within the scope of overdue interest rate of the financial institution from the date of repayment to the date of

C. The principal obligor did not repay the loan despite the lapse of the maturity date, and the occurrence of a credit guarantee accident, and the Plaintiff subrogated the said loan bank as a guarantor.

In order to receive the indemnity amount from the principal debtor, the Plaintiff applied for an order to pay the indemnity amount of KRW 9,176.843 and interest for KRW 5,475,489 among them with the Gwangju District Court 201 tea4261 and decided May 12, 201.

As above, while the principal obligor was liable for the Plaintiff’s debt and the debt of KRW 90,326,042 against Non-Party Salt Co., Ltd., the principal obligor was in excess of the obligation, such as having owned the amount of KRW 1191 square meters (an amount equivalent to KRW 17,100,000, hereinafter “the instant real property”) with active property, Jeonnam-do.

E. The principal obligor is above.

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